Base Reuse Process

Overview

To achieve the optimum reuse potential of every closing or realigning base, it is

essential that both Military Department implementors and the LRA understand

the basic elements of the entire process. Each action taken in the process should

be conducted with the whole process in mind. The purpose of this Chapter is to

describe the framework for the base reuse process and the general context for the

rest of the information in this Manual.

The base reuse process is affected by a myriad of Federal real property and

environmental laws and regulations, along with volumes of implementing

guidance. Some of these laws (e.g., the Defense Authorization Amendments and

Base Closure and Realignment Act of 1988 (BCFU 88) and the Defense Base

Closure and Realignment Act of 1990 (DBCRA 90)) were specifically enacted to

govern certain parts of this process. The remainder, however, were enacted to

address more routine Government property transactions or specific problems

such as environmental cleanup. Collectively, they have a great effect on the

process (see Appendix A for further information on many of these laws and

regulations).

Bases are selected for realignment or closure according to a process prescribed in

the BCRA 88 and the DBCRA 90. Once a base has been approved for closure or When does the base

realignment, laws and regulations identify the requirements that (see Appendices reuse process

A-C and E) shape the rest of the process to be followed-the beginning of base begin?

reuse implementation. The general timeline for events associated with BRAC 95 What’s the best way

reuse implementation is shown in Figure 2-1. Some of the milestones shown in to look at the

Figure 2-1 may be extended by mutual agreement between the Military process ?

Department and the LRA.

Although Figure 2-1 depicts a seemingly linear and sequential series of events,

the base reuse process is best viewed as a series of concurrently conducted

activities that can be subdivided into three principal phases: base-wide reuse

planning, disposal decision making, and parcel-by-parcel decision

implementation. Figure 2-2 shows how the three phases and various principal

base reuse activities relate to one another.

December 1997 2-I
Base Reuse Process Overview

(%2mre pt??pu~;{

Community Actions ~ Federal Actions

one monftl {

Begin Contingency Planning

Form Local Redevelopment Authority (LRA)

Form or Refocus Restoration Advisory Board

Consult with Miliiry Department on Property

Conduct Outreach to Homeless Providers

Latest Deadline to Receive Notices of Interest from

Homeless Providers and Other Interested Parties

Prepare and Adopt Redevelopment Plan I

Submit Plan to DoD and HUD “

Revise Plan (i necessary)

Transition LRA to Implement Plan ]

Acquire Proparty and Implement Plan I

DoD Submits Proposed Base Closure List to Commission

Initial Designation of OEA Project Managers

Commission Submits List to President

President Submits Lisf to Congress

Assign Base Transition Coordinators

Date of Approval of Closure or Realignment

OEA Recognizes LRA

Begin BRAC Environmental Planning Process

E

Complete Personal Property Inventory (latest date)

Identify DoD and Federal Property Needs

Make Surplus Property Determinations (latest date)

Provide Technical Support to Planning Effort

Complete identification of Uncontaminated Parcels

Sponsoring Federal Agencies Solicit Notices of Interest

d

for Public Benefit Conveyances and Other Public Purposes

Sponsoring Federal Agencies Submit Recommendations

to Military Department

- HUD Completes Review of Redevelopment Plan

!!!- HUD Completes Review & Revision of Plan

(if necessary)

HUD Reports on Plan and Properly Suitability

(if necessary)

R Complete Environmental Impact Analysis

Issue Disposal Decisions

Complete Any Environmental Cleanup

No! Yet Accomplished

- Complete Property Dkposal *..%,m=,

13ase Reuse

Figure 2-1. Illustrative timeline for selected reuse implementation activities

at BRAC 95 bases

2-2 December 1997
DoD Base Reuse Implementation Manual

km. Imii@ w ,.”~ . l,l!&!gm!j-H; !!ltmss HIMf man

I

Environmental Baseline Surve Eas

ReDori

Figure 2-2. Phases of Base Reuse Implementation

Implementation of the overall base reuse process (including the actual closure

and the base’s conversion from military to civilian uses) can be an enormously

complex undertaking, involving literally hundreds or thousands of individuals,

collectively devoting many hours of hard work.

Phase One: The first phase, base-wide reuse planning (further described in

Section 2.1), consists of the many activities that occur while the LR4 prepares its

redevelopment plan and before the Military Department, in its role as the Federal

property disposal agent, makes decisions on how the base will be conveyed to

end users. These activities include the LIU’s redevelopment planning process

and the Military Department’s required environmental impact analysis activities,

natural and cultural resources determinations and consultations, identification of

uncontaminated property, and many environmental cleanup- and compliancerelated activities.

Phase Two: The second phase includes activities associated with the Military

Department’s disposal decision making (further described in Section 2.2). This

phase may include the issuance of one or more Disposal Record(s) of Decision

(RODS), or similar decision documents. It also includes the approval of

applications submitted by the LRA or others for property under various public

December 19972-3
Base Reuse Process Overview

purpose conveyance authorities (e.g., public airport, economic development, and

other public purpose conveyances).

Phase Three After final disposal decisions have been issued by the Military

Department, the last phase, parcel-by-parcel decision implementation (further

described in Section 2.3), occurs for each disposal parcel. This phase lasts until

the property has been conveyed and includes completion of environmental

activities that must be performed.

For this complex undertaking to be successfully implemented, teamwork is

Who gets involved critical. Individuals from the Military Department, the on-site Base Transition

in the base reuse Coordinator, the DoD Office of Economic Adjustment (OEA) Project Manager,

process? the LRA, local and State government, and other Federal, State and local reuse

Who can I get in planning and implementation organizations will all play key roles.

touch with tO get

more help? Many of the organizations that will be involved in the process at a closing or

realigning installation are not explicitly identified in this Manual. However,

Federal points of contact to assist with base reuse implementation are identified

in Appendix G. Also, a comprehensive list of available organizations, including

individuals to contact, can be found in the Appendix of the Community Guide to

Base Reuse, published by OEA. The Guide maybe obtained by contacting OEA

(See page G-1 for address) or by visiting OEA’S home page at

http: //emissary. acq.osd.rnil/bctoweb /oea/oeahome.nsf. The Guide also

provides information intended for local officials, LRAs, and the general public,

including practical advice on organizing an LRA and developing and

implementing a redevelopment plan.

2.1 PHASE ON E: BA S E-WIDE REUSE PLANNING

Reuse planning requires the concurrent execution of numerous activities, most of

which are required by law. Generally, this phase beegins at the approval date for

the closure or realignment of the installation (see Figure 2-1) and ends when the

LRA’s redevelopment plan has been prepared and submitted to the Military

Department, which must then complete any required environmental impact

analyses and analyze any other information needed to make final disposal

decisions. OEA has grant moneys available to assist LR4s with reuse plannhg.

To be successful, reuse planning efforts must be well organized and well

coordinated. For example, the LRA will generally accomplish the following

activities during reuse planning

● Form, be recognized by the Department of Defense, and receive economic

adjustment planning assistance.

. Solicit, identify, and consider various interests in installation property.

● Conduct outreach activities that focus on community needs, including

homeless assistance needs.

● If useful, request interim leases of available installation facilities.

. Identify its own interests in available personal property.

2-4 December 1997
DoD Base Reuse Imdementation Manual

. Develop a comprehensive land-use plan.

● Consider the environmental condition of the property (especially areas with

ordnance and explosives), on-going, and planned environmental remediation

activities into account when developing the redevelopment plan.

● Conduct market research and marketing activities to attract prospective

property users.

. Prepare a comprehensive redevelopment plan and other essential reuserelated planning documents.

Concurrently, and in coordination with the LRA’s activities described above, the

Military Department will complete these tasks:

●

●

●

●

●

●

●

●

●

●

Identify installation property, which is excess to DoD’s needs and surplus to

the Federal Government’s needs, that will be made available for reuse.

Invento~ personal property and consult with the LIU to identify the

personal property that will be made available to the LRA for reuse.

Provide the LRA with existing facility and environmental data, as

appropriate, to assist the LRA with developing a redevelopment plan.

Conduct National Environmental Policy Act (NEPA) analysis to determine

environmental impacts that may occur on the property as a result of the

disposal actions.

Identify potentially impacted natural or cultural resources on the property

and any mitigation measures that may have to be taken.

Conduct an environmental baseline survey to identify the environmental

condition of installation property, including property that is uncontaminated

and can be made available for reuse without further environmental actions

(i.e., Community Environmental Response Facilitation Act (CERFA) report).

Provide the LRA with copies of applicable environmental analyses, including

Environmental Baseline Surveys and natural and cultural resource studies, as

they become available, to assist the LR4 with developing a redevelopment

plan.

Refocus current environmental cleanup, compliance, and natural and cultural

resources strategies and schedules in light of the LRA’s land-use plan and

redevelopment priorities.

Relocate active mission elements (mission drawdown).

Plan for and carry out protection and maintenance (caretaking) of installation

property and facilities not imxnediately reused at the time of active mission

departure/base closure.

December 19972-5
Base Reuse Process Overview

What affect does the

National

Environmental

Policy Act (NEPA)

have on the

planning process?

As shown in Figure 2-2, reuse planning activities should be concurrently

conducted to the extent possible, so the Military Department can have the

information it needs to make property transfer and environmental cleanup

decisions. Reuse planning activities can be grouped into four principal

categories:

● Comprehensive land-use and redevelopment planning, including LJ.U formation,

recognition, and reuse planning activities, Military Departrnent/LRA

community interface activities, and Military Department disposal planning

activities (including interim leasing off acilities no longer needed by the active

mission), conducted to assist LIU reuse planning efforts (see also Section

2.1.1).

● Environmental impact and other impact analysis (see also Section 2.1.2).

. The BRAC Enm’romnental Process, including environmental baseline surveys

and environmental cleanup activities (which includes mission/operationaland closure-related compliance activities) (see also Section 2.1.3).

● Installation management, including active mission drawdown, protection and

maintenance of facilities, and caretaker operations (see also Section 2.1.4).

2.1.1 Comprehensive land-use and redevelopment planning

Both DBCIW 90 and the Redevelopment Act identify specific reuse planning

phase requirements and timelines (see Appendix B of this Manual for the full text

of these statutes and Figure 2-1, which depicts significant milestones). Many of

these requirements and timelines relate to LRAs soliciting interest in the

installation, conducting homeless assistance outreach activities, identifying

personal property needs, considering expressions of interest in property,

consulting with the Military Deparhnent while it determines initial maintenance

levels for installation facilities, and preparing and submitting the redevelopment

plan. The timely submission of both a redevelopment plan and any necessary

property apphcations will facilitate the Military Department’s ability to make

final property disposal and environmental cleanup decisions that will best meet

community reuse goals. The Community Guide to Base Reuse contains essential

information on LRA formation, organization, and recognition, reuse planning

strategies, and strategies for creating a viable redevelopment plan. This Manual

provides guidance for many of the real and personal property-related activities.

2.1.2 Environmental impact and other impact analyses

As part of the reuse planning phase, the Military Department, under NEPA, must

consider all reasonable disposal alternatives and theti respective environmental

consequences. This is accomplished by means of a formal environmental impact

analysis, which takes the form of either an Environmental Assessment (EA) or an

Environmental Impact Statement (EIS) depending on the level of analysis

required. The Military Department is required to analyze impacts to natural and

cultural resources (e.g., historic structures, wetlands, threatened and endangered

species, Native American sites and others), and may be required to consult with

other Federal and State agencies before making final property disposal decisions.

2-6 December 1997
DoD Base Reuse Implementation Manual

REQUIREMENTS OF THE NATIONAL E NVIRONMENTAL P OLICY A CT (NEPA )

The NEPA process is intended to help the Military Department make informed

and environmentally responsible disposal decisions. The NEPA process requires

the Military Department to conduct environmental analysis concerning:

. The environmental impact of the proposed disposal action, including

reasonably anticipated reuse activities.

● Alternatives to the proposed disposal and reuse action, including the

“no-action” alternative.

● Adverse impacts

. Any appropriate environmental impact mitigation actions.

For disposal of closing or realigning installations, the NEPA process (described in

40 CFR Parts 1500-1508) is typically completed in one of three ways

● Categorical Exclusion. If applicable, a categorical exclusion maybe used by

tie Military Department when a parcel is to be transferred to another Military

Department or Federal Agency.

A categorical exclusion may also be used by the Military Department for

interim leases where there is no substantial change in land use.

. Environmental Assessment (EA)/Finding of No Significant Impact

(FONSI). The EA provides the Military Department with sufficient evidence

and analysis for deterrnining whether a FONSI or an EIS should be prepared.

A FONSI is a determination that, based on the EA, the disposal action will not

significantly affect the environment and a full EIS is not necessary. The

Military Department may receive public comments on the EA and the

applicability of a FONSI. After a FONSI, the Military Department can issue a

formal disposal decision for the property.

. EIS/Disposal Record of Decision (ROD). Preparation of an EIS involves a

more formal public involvement process, which can be summarized as

follows

— The Military Department publishes a Notice of Intent in the Federal Re&”skr

that a property disposal action maybe undertaken and that an EIS will be

prepared and considered.

— A public scoping meeting will be held in the geographical area to obtain

public comments about the possible environmental impacts of the

proposed disposal action and likely reuses, as well as the reasonable

alternatives that should be considered in the analysis. It is therefore

important for the LRA and other interested community leaders to

participate in the scoping meeting.

December 19972-7
Base Reuse Process Overview

— Data are collected and analyzed by experts in different fields, and the

results are published in a Draft EIS (DEIS). The DEIS will be made

available for public review and comment. Interested agencies,

organizations, and individuals normally have 45 days to review and

comment. Also during this time, a public hearing is held in the

cornmuni~ to explain DEIS findings and to receive oral comments.

— The Final EIS (FEIS) is completed no later than 12 months after the

submittal of the LILA’s redevelopment plan. The FEIS will address public

and other comments received on the DEIS. A Notice of Availability

(NOA) of the FEIS will be published in the Fe&ral Register.

At least 30 days after publication of the lWS, a disposal ROD is issued. The

disposal ROD indicates the disposal actions that have been selected, the

alternatives considered, the potential environmental impacts of each alternative,

and any specific mitigation activity to support the decision. After the ROD is

signed and issued, the availability of the disposal ROD is announced in the

Federal Register. Then, the Military Deparhnent may dispose of the property.

It is DoD policy (DoD Guia!ance on Accelerating the NEPA Processor Base Disposal

What is DoD’s policy II Decisions, Deputy Secretary of Defense Memorandum “Fast Track Cleanup at

on NEPA ? Closing Installations,” May 1996-see Appendix F) that the LRA’s

redevelopment plan, if available and to the extent legally permissible, will be a

primary factor in the development of the proposed action, reasonable

alternatives, and effects analysis in the Military Department’s NEPA process for

the disposal action. If the elements of the redevelopment plan do not constitute a

reasonable alternative for disposal and reuse of the base, the Military

Department will identify the problematic elements of the plan and work with the

LRA to devise mutually acceptable plan modifications. Designation of the LIU’s

redevelopment plan as the proposed action does not affect the Military

Department’s obligation under NEPA to consider reasonable alternatives for the

disposal and reuse of installation property. In the event that the LR4 does not

reach a consensus or fails to prepare an acceptable or timely redevelopment plan,

the Military Department will prepare the NEPA analysis using reasonable

assumptions as to the likely reuse scenarios and their reasonable alternatives.

Section 2911 of Title XXIX and DoD policy (as referenced above and found in

Appendix F) require that any required NEPA analysis be completed no later than

12 months after the LRA submits its adopted redevelopment plan. In conducting

the NEPA analysis the Military Departments consider, where applicable, any

available similar State analysis.

State agencies can participate in the NEPA process as cooperating agenaes.

Accordingly, when an LR4 is acting as a legal entity of the State, and recognized

by OEA as such, it should be considered by the Military Department for

cooperating agency status as long as there are no other issues unique to the

installation that would preclude such status. The decision to make such a

determination should be made after a careful review of the factors surrounding

the closure or realignment, as well as consideration of the liabilities associated

with the designation. However, the responsibility for the NEPA analysis and

resulting ROD rests with DoD.

2-8 December 1997
DoD Base Reuse Imrdementation Manual

A similar NEPA analysis process will apply when property is reused under an

interim lease (see Chapter 5). Normally, a categorical exclusion or an EA/FONSI

is sufficient to support a lease action.

2.1.3 The BRAC Environmental Process

Many environmental issues must be addressed to prepare an installation for

closure and transfer. These issues may be generally referred to as environmental II How are other

restoration, compliance, and conservation (natural and cultural resources). The environmental

environmental process is emphasized and expedited at closure bases to facilitate issues addressed?

rapid transfer for community reuse. Many environmental activities will occur

during the reuse planning phase and some activities may continue through

implermmtation.

Environmental decisions are based on how the land is to be reused. Therefore, it

is very important for the Military Department to be aware of the LRA’s reuse

concepts as soon as they are formulated so that cleanup actions, in particular,

may be conducted in a manner that is consistent, to the extent practicable, with

reuse plans. It is also important for the Military Department to communicate

environmental issues to the LR4 early in the process, to ensure reuse planning is

compatible with the more significant environmental conditions that may limit

certain types of land use. This way, environmental priorities can be reconciled

with community reuse priorities, and appropriate cleanup levels can be

established to reflect anticipated future land uses. Further guidance on future

land use considerations in environmental cleanup is contained in the DoD Policy

on Responsibility for Additional Cleanup Ajler Transfu of Real Property. A copy of

this policy can be found at Appendix F.

BRAC E NVIRONMENTAL R ESTORATION P ROGRA M

Environmental cleanup programs have been ongoing for many years as part of

the Department of Defense Environmental Restoration Program. The BIL4C

envirorunental restoration program consists of five principal steps as outhned in

the DoD BFL4C Cleanup Plan Guidebook, Fall 1995. The steps areas follows:

● A BRAC Cleanup Team (BCT) is established for each base where property

will be made available to the local community for reuse. The BCT will include

a BRAC Environmental Coordinator (or BEC—a Military Department

employee), and representatives appointed by the State environmental agency

and the U.S. Environmental Protection Agency’s (EPA’s) regional office. The

BCT members act with the authority of the State, EPA regulatory offices, and

the Military Department. A Project Support Team (PST), made up of

specialists and technical experts, assists the BCT in developing the

comprehensive BRAC Cleanup Plan. The LRA is a valuable participant in the

BRAC environmental restoration program and should provide input in

support of the development, update, and implementation of the cleanup

program. The LIW is encouraged to participate in the environmental

program as a member of the PST. In addition, the BCT should work closely

with the LR4, particularly the environmental subcommittee. The LR4 should

receive cleanup information from the BCT and should, in turn, provide the

BCT with input on reuse priorities and decisions. The Base Transition

Coordinator (BTC) helps facilitate communication and coordination between

the BCT and the LR4. The BTC is responsible for informing both the BCT and

December 19972-9
Base Reuse Process Overview

the LIL4 of new information, as it becomes available, regarding reuse

planning and the environmental cleanup program for the installation,

. The BCT reviews the status of all base environmental programs (including

cleanup, compliance, and natural and cultural resources programs), as well as

the LRA’s redevelopment plan. If the LR4’s redevelopment plan is not

available, the LRA should provide the BCT general land use information to

assist them in selecfig any necessary cleanup standards.

. The BCT considers the land use concepts in identifying action iterns requiring

further effort, and develops a stiategy that incorporates both reuse priorities

and environmental cleanup as required by Federal and State environmental

laws.

. A BRAC Cleanup Plan (BCP) is prepared, describing the status of base

environmental programs, and identifying strategies and schedules for

integrating the required environmental cleanup with the community reuse

plan.

. As contamination is remediated, the BCP is updated to reflect cleanup and

site close-out actions that have been taken, as well as any changes in

community redevelopment needs.

Most property can be put into productive reuse by either lease or deed, while the

Military Department and the BCT work to ensure that cleanup is conducted in

accordance with Federal and State laws.

RESTORATION ADVISORY B OARDS (RABs)

All DoD installations being closed or realigned will establish a RAB, if property

What is the

II

will be available for transfer. R4Bs are co-chaired by community and installation

Restoration representatives and serve as a forum for information exchange and partnership

Advisory Board ? among citizens, the installation, EPA, and the State on environmental restoration

issues.

RABs offer an opportunity for communities to have a voice in the cleanup

process by bringing together people who reflect the diverse interests within the

local community. Community members on RABs can actively participate in a

timely and thorough manner. This participation includes reviewing restoration

documents and providing advice as individuals to the decision-makers from the

Military Department and the regulatory agencies on restoration issues. The LRA

is encouraged to participate in the RAB to keep both the RAB and the BCT

informed about reuse issues.

While RABs are not intended to replace other community involvement activities,

the RAB should act as a focal point for the exchange of information between an

installation and the local community regarding environmental restoration

activities. Members will be expected to serve as a liaison with the community

and be available to meet with community members and groups. Through the

R4B, community input on environmental investigation, cleanup, and priorities

can be raised directly to DoD, EPA and State regulatory representatives. Further

guidelines for establishing and operating RABs can be found at Appendix F in

2-10 December 1997
DoD Base Reuse Implementation Manual

the Restoration Advisoy Board Implementation Guidelines, September 1994, jointly

issued by DoD and EPA.

E NVIRONMENTAL S UITABILITY FOR T RANSFER OR L EAS E What is CERFA ?

To facilitate reuse planning efforts, the Military Department, under the

Community Environmental Response Facilitation Act (CERFA), will identify

What are FOSTS and

FOSLS?

“uncontaminated” base property no later than 18 months after the date of What’s an EBS?

approval for closure or realignment. This identification procedure includes

consultation with appropriate State or EPA regulators. Jn addition, no property

can be conveyed by deed or leased until the Military Department makes a

Finding of Suitability to Transfer (FOST) or a Finding of Suitability to Lease

(FOSL), respefively.

The FOST/FOSL process is intended to determine whether property is

environmentally suitable for its intended use and whether there should be any

restricted use of the property. A Environmental Baseline Survey (EBS), which is

similar to the environmental site assessments commonly used in commeraal real

estate transactions, is used to support the FOST/FOSL. An EBS includes the

identification and analysis of all available and relevant records, a visual and

physical inspection of the base and adjacent property, a recorded chain-of-title

documents review, interviews with past and current base employees and local

officials, and other activities.

Military Department implementors, in consultation with the LRA, should

provide input to the BCT well in advance on properties to be reused so that a Where can /find

FOST/FOSL can be developed, and so that the BCT can ensure that there are no more guidance on

environmental impediments to the intended reuse. Further guidance on the FOSTa/FOSLs,

EBS/FOSL/F05T/CERFA processes can be found in the DoD guidance EBSS, and CERFA?

documents included in Appendix F.

Appendix A of this Manual identifies and summarizes pertinent environmental

laws and regulations that affect base reuse implementation. Further information

on the BRAC environmental process can be found in DoD Guialmce on Establishing

Base Realignment and Closure Cleanup Teams (May 1996), which can be found in

Appendix F of this Manual.

2.1.4 Installation management

As an installation goes through the process of closure or realignment, duties

assigned to active units, including operation of utilities and maintenance of

buildings, roads and other facilities, must eventually be assumed by others.

Representatives of the Military Department, in consultation with the L&3, will

identify an initial level of maintenance that facilities will require to support reuse

after the active mission departs (see Chapter 6 of the Manual for further

information on how initial maintenance levels are determined).

Another aspect of Military Department /LRA consultation is that of establishing

procedures and responsibilities for providing common services, including fire

protection, security, telephones, roads, and snow/ice removal. How these

common services will be provided after the base closes should be discussed and

resolved in the earliest stages of consultation. Once closure occurs, the Military

Departments will sustain an appropriate level of maintenance to support reuse

December 19972-11
Base Reuse Process Overview

for a set period of time (see Chapter 6). Such protection and maintenance at a

closed miJitary base is provided through contracts, agreements with local

communities, or other caretaker arrangements. Maintenance b y the Military

Department will end when the property is leased or disposed of, or at the

expiration of the set maintenance period. Once property is leased or disposed of,

its maintenance becomes the responsibility of the Lessee or property recipient.

2.2 PHASE Two: DISPOSAL DECISION MAKING

The second major phase of the base reuse process, disposal decision making,

How and when are II includes the activities associated with the Military Department’s disposal

final property decisions and the LRA’s reuse decisions. After reuse planning activities are

disposa/ decisions completed, the LRA will submit its adopted redevelopment plan to DoD and as

made? part of an application made to the Secretary of Housing and Urban Development

(HUD), in accordance with the Redevelopment Act. HUD will review and

approve the LRA’s application.

After complebng its NEPA analysis and associated documentation, the Military

Department will issue final disposal decisions. This is generally accomplished by

issuing a disposal decision document as a public statement of the disposal

decisions. The decision document (ROD or FONSIJ describes the disposal

decisions that the Military Department has made, as well as potential mitigation

that may be required if certain activities occur. In certain circumstances,

supplements to the initial disposal decision may also be issued.

This phase also includes the Military Department’s decisions on requests for

specific property conveyances (briefly described in Section 2.3) to approved

applicants. Applications (see Chapter 3 and Appendix E of this Manual for

additional information on public benefit conveyance applications) are required

for most discounted conveyances of property for public benefit conveyances. For

example, the Department of Education must review and approve an application

prior to the Military Department’s implementation of an education public benefit

conveyance. EDCS also require an application. Title XXIX and the final rule

(32 CFR Part 175; see Appendices B and C of this Manual for the complete text of

each, and Chapter 7 for further Military Department guidance) identify the

requirements for LRAs who want to apply for EDCS and the criteria the Military

Departments should use in evaluating EDC applications.

The Military Department always retains ultimate authority to make property

disposal decisions and will resolve any conflicting property interests at the time

the final disposal decisions are issued.

2.3 P HASE T HRE E: PARCE L-B Y- PARCEL D ECISION IMPLEMENTATIO N

After necessary applications have been submitted, reviewed, and accepted, and

after final disposal decisions are issued by the Military Department, the reuse

process enters the deasion implementation phase. Th.is phase includes Military

Depar&ent conveyance of installation property (or property “disposal”). In this

phase, the Military Department will proceed to dispose of property in accordance

with its documented disposal decisions, using conveyance authorities established

by the Federal Property and Administrative Services Act of 1949 (40 U.S.C. ~ 471

et seq.), the Surplus Property Act of 1944 (49 U.S.C. $~ 4715147153), the Act of

May 19, 1948 (16 U.S.C. ~ 667b), Title XXIX, the Redevelopment Act, and other

2-12 December 1997
DoD Base Reuse Implementation Manual

authorizing statutes, as implemented in the Federal Property Management

Regulations (41 CFR Part 101-47),32 CFR Parts 175 and 176, and elsewhere.

The Military Departments can assign property to another ~ederal Agency before

the completion of remedial actions required by the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA) and before

the issuance of a NEPA disposal ROD. However, CERCLA requires the MiI.itary

Departments to complete environmental cleanup before transferring the property

by deed to non-Federal entities. This allows the Military Deparhn@s to write

covenants in the deed hat guarantee that the quality of the environmental

cleanup is fully protective of human health and the environment. In certain

circumstances, a deed transfer maybe made before all remedial actions have

been fulfilled using the new “Early Transfer Authori~” which is described in

more detail in Chapter 5 and in a memorandum contained in Appendix F. In

addition, for property with ongoing cleanup efforts, leases may be used to

achieve prompt reuse.

Base property will be conveyed (usually by one or more parcels), as soon as

possible, by deed for civilian reuse. One of nine property conveyance methods

can be used:

. Federal Agency transfers of excess base property to non-DoD organizations II What methods can

within the Federal Government. These transfers require reimbursement to the be used to convey

Military Department of the full fair market value of the property, unless: prope~ at BRAC

installations?

— The Secretary of the Military Department and the Office of Management

and Budget grant a waiver; or

— A law specifically exempts the transfer from reimbursement.

● Public purpose conveyances for such public uses as airports, education,

health, historic monuments, ports, parks and recreation, and wildlife

conservation. Generally, a Federal Agency with specific expertise in a

conveyance category (e.g., the National Park Service for park land and

recreation conveyances) is authorized to serve as a sponsoring or approving

Agency. Approved reapients may receive these conveyances at a substantial

discount (up to 100 percent of fair market value), following DoD consultation

with the appropriate Agency.

. Homeless assistance conveyances (under the Redevelopment Act) at no cost,

either to the LR4 or directly to the representatives of the homeless. Any

deeds prepared by the Military Department for conveyance of property

directly to representatives of the homeless should provide for transfer of the

property to the LRA if no longer required for homeless needs. Personal

property may be conveyed to the local redevelopment authority for use by the

homeless assistance provider. The LRA will be responsible for monitoring

implementation of the homeless assistance provisions of its redevelopment

plan.

December 19972-13
Base Reuse Process Overview

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Negotiated sales to public bodies or otk,er qualified entities require payment

of not less than the fair market value, although payment terms are negotiable.

Terms of negotiated sales are subject to review by Congress.

Advertised public sales may be made to the party that submits the highest

bid, provided it is not less than the fair market value. Sales to private parties

for amounts over $3 million are subject to Attorney General review.

EDCS to an LRA, for creating jobs and economic revitalization of the

community, are approved by the Military Deparhnent. Under an EDC,

property may be sold at or below the estimated present fair market value with

flexible payment terms and conditions. EDCS are discussed in detail in

Chapter 7.

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Conveyances for the cost of environmental remediation may be made to

those parties who enter into an agreement to pay the costs of environmental

remediation on the property, provided that the total cost to the recipient is no

less than the property’s fair market value. Implementing regulations for this

conveyance authority, required by Section 2908 of Title XXIX, have been

promulgated as a proposed rule. By law, this authority expires on November

30,1998.

Depository institution facilities may be conveyed to the operating

depository institution, by sale at fair market value, when the institution

constructed or substantially improved the facilities.

Leaseback conveyances to allow LRA ownership of property while ensuring

that Federal real property needs are met. Unde~ a leaseback, property that is

still needed by another Federal Department or Agency is conveyed to the

LRA with the condition that the LR4 lease it back to the Federal entity. The

lease cannot require rental payments. Leasebacks are discussed in more detail

in Chapter 8.

2.3.1 Asbestos containing materials

Some buildings and facilities on BRAC property may contain asbestos containing

materials (ACM). Some common examples of ACM are spray acoustic ceilings,

acoustic tiles, various plasters, duct wrap, non-bituminous roofing felt,

wallboard, and thermal insulation on pipes and boilers. Friable ACM may pose a

threat to human health and is regulated. Non-friable ACM is typically bound up

with cement, vinyl, asphalt, or some other type of hardening binder and

consequently does not pose a threat to human health and is not regulated. Some

examples of non-friable asbestos building products are transite (cement) siding,

vinyl asbestos floor tiles, and asphalt roofing shingles.

In accordance with DoD policy, ACM that poses a threat to human health at the

time of transfer shall be remediated by the Military Department, or by the

transferee under a negotiated requirement of the contract for sale or lease.

Consistent with this policy, ACM that poses a threat to human health maybe left

in-place and the property transferred “as is” only when the hazardous ACM will

be otherwise addressed through demolition, renovation, repairs or other

arrangements made between the Military Department and the new owner. See

2-14 December 1997
DoD Base Reuse Implementation Manual

Appendix F for the DoD policy on ACM and additional information regarding

this matter.

2.3.2 Institutional controls

Institutional controls are a commonly used tool in property transactions.

Institutioml controls are structural or legal mechanisms used to limit access to, or

restrict the use of, property. A familiar example of an institutional control would

be a deed restriction prohibiting television satellite dishes in planned

communities. For BRAC property transfers, institutional controls maybe

imposed by the Military Department or other governmental entities. Institutional

controls are commonly used to protect historic buildings, wetlands, floodplains,

and/or endangered species. They may also be used to protect the general public

from exposure to possible residual contamination. LRAs and other future land

users should be aware that under some circumstances, institutional controls may

be a necessary element of the transfer of closing base property.

In general, institutional controls fall into two categories: proprietary controls and

governmental controls.

● Proprietary controls are private contractual mechanisms contained in the

deed or other transfer documents. Proprietary controls involve the

placement of restrictions on land use by means of easements, covenants, and

reversionary interests.

. Governmental controls are restrictions that are within the traditional police

powers of State and local governments to impose and enforce. Examples of

governmental controls include permit programs and planning and zoning

limits on land use.

December 19972-15

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Base Reuse Process Overview

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2-16 December 1997